§ 23.05.030. Grading.

a.

Grading. For the purposes of the Grading Ordinance, "grading" is defined as all earthwork, which may involve one or more of the following activities: excavations, cuts, fills, dams, reservoirs, levees, impoundments, diking, dredging, borrow pits, stockpiling, compaction of fill, or removal of vegetation. Cultivation activities, including disking, harrowing, raking or chiseling, planting, plowing, seeding, or other tilling are not considered grading and are not regulated under this ordinance. A grading permit is required unless the project qualifies for an exemption or constitutes agricultural grading as set forth in Section 23.05.032.

b.

Additional permitting requirements. Grading may require a land use permit or variance under the following circumstances:

(1)

Site disturbance. For projects subject to Chapter 23.03, grading may require land use permit approval based upon the amount of site disturbance. The land use permit thresholds are established in Section 23.03.042 (Table 3-A).

(2)

Slopes. Grading shall be limited to slopes of less than 20 percent, except where any of the following occur:

(i)

Grading adjustment. Grading on slopes between 20 percent and 30 percent may occur by Minor Use Permit or Development Plan approval, subject to the following:

(a)

The applicable review body has considered the specific characteristics of the site and surrounding area, including: the proximity of nearby streams or wetlands, erosion potential, slope stability, amount of grading necessary, neighborhood drainage characteristics, and measures proposed by the applicant to reduce potential erosion and sedimentation;

(b)

Grading and erosion control plans have been prepared by a registered civil engineer and accompany the request to allow the grading adjustment;

(c)

It has been demonstrated that the proposed grading is sensitive to the natural landform of the site and surrounding area;

(d)

It has been found that there is no feasible method of establishing an allowable use on the site without grading on slopes between 20 and 30 percent.

(ii)

Variance. The applicant has obtained Variance approval pursuant to Section 23.01.045 to allow grading on slopes of 30 percent or greater; or

(iii)

Agricultural use. The grading is exclusively for one or more of the following agricultural uses:

(a)

An exempt agricultural accessory structure as defined in Section 19.02.020.c.14 of the Building and Construction Ordinance (amending Section 105.2 of the California Building Code);

(b)

Crop production or grazing.

(c)

Any agricultural roads used exclusively for the purposes set forth in Subsections b(2)(iii)(a) and b(2)(iii)(b).

While Subsection b(2)(iii) exempts the above agricultural uses from the 30 percent slope limitation, this Subsection shall not be construed to exempt any uses from the requirement of obtaining a grading permit.

c.

Grading adjacent to Environmentally Sensitive Habitats. Grading shall not occur within 100 feet of any Environmentally Sensitive Habitat except:

(1)

Where a setback adjustment has been granted as set forth in Sections 23.07.172.d(2) (Wetlands) or 23.07.174.d(2) (Streams and Riparian Vegetation) of this title; or

(2)

Within an urban service line when grading is necessary to locate a principally permitted use and where the approval body can find that the application of the 100-foot setback would render the site physically unsuitable for a principally permitted use. In such cases, the 100-foot setback shall only be reduced to a point where the principally-permitted use, as modified as much as practical from a design standpoint, can be located on the site. In no case shall grading occur closer than 50 feet from the Environmentally Sensitive Habitat or as allowed by planning area standard, whichever is greater.

d.

Coastal Development Permit. Where a grading permit application proposes a project that is not otherwise subject to land use permit requirements of Chapters 23.03 or 23.08 or other applicable sections of this Title, grading permit approval certifies that the proposed project will satisfy applicable provisions of this Title and thereby constitutes approval of a Coastal Development Permit. Where a grading permit is appealable to the Coastal Commission pursuant to Section 23.01.043, Minor Use Permit approval is also required as set forth in Section 23.02.033.

[Added 2013, Ord. 3253]

Editor's note

See editor's note, § 23.05.020.